Franerhan Pty Ltd ABN 96 050 045 193 trading as SWEEPEX AUSTRALIA.
Mailing Address: PO BOX 7047 Silverwater NSW 2128
Trading Address:144 Adderley Street Auburn NSW 2144
Phone: 02 9748 6523
Fax: 02 9648 6620
Last Updated: 24th December 2010
SWEEPEX AUSTRALIA - WEBSITE USE: TERMS & CONDITIONS
SWEEPEX AUSTRALIA - ORDERING PRODUCTS: TERMS & CONDITIONS
AGREEMENT
1. You should read these Terms and Conditions carefully. In these Terms and Conditions "We, we", "Our, our" or "Us, us" means Franerhan Pty Ltd ABN 96 050 045 193 trading as SWEEPEX AUSTRALIA and any of its subsidiaries from time to time ("SWEEPEX"); and "You, you" or "Your, your" means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Goods or Services through the Website.
2. By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between us and you for the supply of Products.
3. The Agreement together with your Order constitute the entire agreement between us and you for the supply of Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.
LEGAL CAPACITY
1. If you are under the age eighteen (18) years you cannot place orders with us.
2. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
WEBSITE USE
1. This Website may contain links to other web sites. Those links are provided for convenience only and may not be current or maintained. We are not responsible for the content or privacy practices associated with linked web sites.
2. You must ensure that your access or use of this Website is not illegal or prohibited by laws which apply to you.
3. You must take your own precautions to ensure that your methods and process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. SWEEPEX takes no responsibility for any such damage which may arise in connection with your use of the Website.
PRICING
1. All prices displayed on the Website are subject to change at any time without notice.
2. All prices listed on the Website exclude Delivery or Shipping Costs, unless otherwise stated.
3. Delivery & Shipping Charges can be estimated on the Detailed Product Information Page and the Checkout Page.
4. Delivery & Shipping Costs are shown separately on an order.
PRODUCT SPECIFICATIONS
1. Features and specifications of Products described or depicted on the Website are subject to change without notice.
2. All weights and dimensions of Products described in the Website are rounded up and are used for calculating the Delivery & Shipping Costs.
ORDERS
1. You may place an Order by following the instructions on the Website.
2. Orders will be deemed to have been received by us at the time we send an order confirmation to your nominated email address.
3. SWEEPEX AUSTRALIA-ONLINE is an online business and will primarily communicate with Customers via email. It is your responsibility to ensure the correct contact details are provided to us and that you regularly check the nominated email address for correspondence.
4. We may cancel your Order at any time prior to dispatch of the Products.
5. In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with email confirmation of the cancellation and details of your refund.
6. We accept no responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
7. We shall not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control, and we shall be entitled to a reasonable extension of time for the performance of such obligations..
PAYMENT
1. You may provide your nominated credit card during the purchase process described on the Website.
2. Payment for Orders will be processed immediately upon confirmation of Your Order.
3. If Your nominated payment method triggers our internal fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your Order has passed our internal fraud prevention protocols, it will not be fulfilled. If you do not provide the requested information within 7 days, your Order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
DELIVERY and OWNERSHIP OF THE GOODS
1. SWEEPEX AUSTRALIA tries to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. We do not accept any liability for loss or damage suffered by anyone as a result of any such delays.
2. The expected date of dispatch is listed on the Checkout page. This is reasonably estimated by us and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by email via the email address nominated in their Order.
3. You will be notified by email if the Product that you have ordered cannot be delivered by your chosen method. This may be due offloading requirements due to the size and weight of the Product. As well, large items cannot be delivered to a PO Box.
4. Title and risk in the Products pass to the Customer once the Products have left SWEEPEX or our nominated supplier. You can choose to insure the Goods if you wish, and will be given this opportunity prior to shipment.
5. Where a Customer gives written authority for Products to be delivered without a signature, neither SWEEPEX nor any carrier engaged by SWEEPEX will be liable for loss or damage and all included insurance cover will be voided.
6. A carrier nominated by SWEEPEX AUSTRALIA will deliver Products during local business hours (9am to 5pm, Monday to Friday)
7. We are not responsible for the delivery times of Products and once they are dispatched, it is your responsibility to liaise with our nominated courier in relation to date and time of delivery. We shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
DOA: FAULTY OR DAMAGED GOODS (NOT INCLUDING SPARE PARTS)
1. SWEEPEX AUSTRALIA will repair or replace Faulty or Damaged Products in accordance with these Terms and Conditions and the applicable manufacturer's Warranty.
2. Where Products are Damaged or Faulty upon Delivery (DOA or "Dead On Arrival"), SWEEPEX AUSTRALIA requires the Customer contact us by phone (1800 680 337) and or email (support@sweepex.com.au) within 24 hours of receipt of Goods.
3. For all events, we will require clear photographic evidence of the damage (emailed to support@sweepex.com.au) before we authorise the return of the Products. Blurred, unclear and poor quality photos will not be accepted.
4. Subject to satisfactory photographic evidence and, or inspection and test of the Good(s) by our technicians or an authorised repair centre of our choice, we will then process a Refund, Replacement or Repair for you, whichever is appropriate. A Refund is only available if a Replacement or Repair is not available.
5. Where you received a Faulty, Damaged or Defective Product by Australia Post, we will email you a package containing a RAN (Return Authorisation Number) which you must affix to the Product. You must then leave the Product at any Australia Post Office during business hours and address the Product using the Reply Paid postage details printed in the PDF docket supplied by our Customer Service Team.
6. Where you have received a faulty, damaged or defective Product by our courier service, we may make arrangements with you to collect the Product.
7. Products must be returned to SWEEPEX whenever we agree to Replace or Repair the Product or provide you with a Refund.
8. If the Product is deemed by our technicians or an authorised repair centre of our choice, NOT to be defective, we may, in our absolute discretion, refuse to Replace or Repair the Product or offer a Refund.
9. Refunds will be made according to the SWEEPEX REFUNDS POLICY.
10. The 24 hour period will commence on the date that the Customer accepts Delivery of their Product. Where there is no proof of Delivery, this date will be assumed to be 3 business days from the date of dispatch of the Product.
11. Outside of this 24 hour period, it is deemed that the Good(s) were not damaged upon arrival and faults will then be dealt with in accordance with the applicable Manufacturer's and/or relevant contractual terms implied by statute.
12. SWEEPEX AUSTRALIA will take all reasonable steps to ensure that the Damaged or Faulty Goods are replaced or repaired as soon as practicable.
13. We may seek reimbursement of any costs incurred by us, including Product testing fees and Shipping fees, when the Product is found to be in good working order.
DOA: FAULTY OR DAMAGED SPARE PARTS
1. It is a requirement that all spare parts purchased through this Website be installed by a suitably qualified and competent person. By purchasing the spare parts, you agree to comply with this requirement.
2. Where Spare Parts are Damaged or Faulty upon Delivery (DOA or "Dead On Arrival"), SWEEPEX AUSTRALIA requires the Customer contact us by phone (1800 680 337) and or email (support@sweepex.com.au) within 3 days of receipt of Good(s).
3. For all events, we will require clear photographic evidence of the damage (emailed to support@sweepex.com.au) before we authorise the return of the Products. Blurred, unclear and poor quality photos will not be accepted.
4. Subject to satisfactory photographic evidence and, or inspection and test of the Good(s) by our technicians or an authorised repair centre of our choice, we will then process a Refund or Replacement for you, whichever is appropriate. A Refund is only available if a Replacement is not available.
5. Where you received a faulty, damaged or defective Product by Australia Post, we will email the Customer a package containing a RAN (Return Authorisation Number) which you must affix to the Product. You must then leave the Product at any Australia Post Office during business hours and address the Product using the Reply Paid postage details printed in the PDF docket supplied by our Customer Service Team.
6. Where you have received a faulty, damaged or defective Product by our courier service, we may make arrangements with you to collect the Product.
7. Products must be returned to SWEEPEX whenever we agree to Replace the Product or provide you with a Refund.
8. Subject to satisfactory photographic evidence and, or inspection and test of the Good(s) by our technicians or an authorised repair centre of our choice, we will then process a Refund or Replacement for you, whichever is appropriate. A Refund is only available if a Replacement is not available.
9. Refunds will be made according to the SWEEPEX REFUNDS POLICY.
10. The 3 day period will commence on the date that the Customer accepts Delivery of their Product. Where there is no proof of Delivery, this date will be assumed to be 3 business days from the date of dispatch of the Product.
11. Damaged Goods in the form of Spare Parts cannot be returned if:
(a) the Faulty or Damaged DOA Goods have been removed from their packaging
(b) the Faulty or Damaged DOA Goods have been installed in a repair or attempted repair
(c) there has been an attempt to repair the Faulty or Damaged DOA Goods.
12. SWEEPEX AUSTRALIA will take all reasonable steps to ensure that the Damaged or Faulty Goods are replaced as soon as practicable.
13. Outside of this 3 day period, it is deemed that the Good(s) were not damaged upon arrival and faults will be dealt with in accordance with the applicable Manufacturer's and/or relevant contractual terms implied by statute.
14. We may seek reimbursement of any costs incurred by us, including Product testing fees and Shipping fees, when the Product is found to be in good working order.
FAULTY OR DEFECTIVE GOODS (FIRST UP FAILURE - 14 DAYS)
1. A Product is considered Faulty if it does not work when first taken from its packaging, or if it shows signs of failure within 14 days of Delivery.
2. If you receive a Product which you think is Faulty or Defective, SWEEPEX AUSTRALIA requires that you contact us by phone (1800 680 337) and or email (support@sweepex.com.au) within 14 days of receipt of Good(s).
5. Where a Product is determined to be Defective, we will arrange to Replace or Repair the Product. A refund is only available if the Product is no longer available.
3. If you received a Faulty or Defective Product by Australia Post, we will email you a package containing a RAN (Return Authorisation Number) which you must affix to the Product. You must then leave the Product at any Australia Post Office during normal business hours, and address the Product using the Reply Paid postage details printed in the PDF docket supplied by our Customer Service Team.
4. Where you have received a Faulty or Defective Product by a courier or delivery service, we may make arrangements for Return Shipping at our cost.
5. Outside of this 14 day period, it is deemed that the Good(s) were not Faulty or Defective within 14 days under this agreement and defects will be dealt with in accordance with the applicable Manufacturer's and/or relevant contractual terms implied by statute.
7. We reserve the right to test any returned defective Product and if the Product is deemed by our technicians or an authorised repair centre of our choice, NOT to be defective, we may, in our absolute discretion, refuse to Replace or Repair the Product or offer a Refund.
8. If the condition of the Product was misrepresented to us by the Customer, we may seek reimbursement of any costs incurred by us.
9. Products must be returned to us or our nominated assessors before we agree to Replace or Repair the Product or provide you with a Refund.
12. Please ensure that all original items, including original packaging are returned.
13. It is your responsibility to ensure the Goods are adequately packaged to ensure that they are not damaged during return delivery to SWEEPEX or our nominated assessor.
3. Products damaged in transit and arriving DOA are Damaged Goods and must be dealt with separately. See here.
WHEN A REPLACEMENT PRODUCT IS ARRANGED
1. A replacement for the same Product ordered will be delivered at our expense after we have received the original Faulty, Damaged or Defective Product.
2. The delivery time for the replacement Product may be the same as stated for the original Product.
3. Replacement Products are provided with the same Warranty as the original Product.
REFUNDS AND RETURNS
1. Refunds are strictly limited to those available under clauses implied by statute and covered by the SWEEPEX AUSTRALIA RETURNS POLICY.
2. It is not possible to facilitate a return outside of the conditions stated in the returns policy and the Customer must comply with directions from SWEEPEX staff to facilitate a return.
3. If you change your mind and no longer want the Product, the Product can be returned to us if:
(a) we have been notified as per the requirements established in our RETURNS POLICY.
(b) the Goods are in original packaging with any and all accessories, and must be unused and in a re-saleable condition.
(c) the Customer pays a 15% restocking fee for this type of return.
(d) the Customer pays the return shipping charges and any transit insurances required by us.
(e) the Good(s) are not spare parts.
4. It is the Customer's responsibility to ensure that returned items are returned safely. SWEEPEX AUSTRALIA takes no responsibility for Products lost in transit.
5. However, if we have supplied the wrong Product, then we will, at no cost to the Customer, arrange to have the correct Product delivered to the Customer and the incorrectly supplied Product returned to us at no cost to the Customer.
6. All Good(s) must be returned to SWEEPEX before we agree to provide you with a Refund.
WARRANTIES
1. New Products sold through this Website are covered by a manufacturer's warranty. The full details can be viewed here: WARRANTY POLICY.
2. Extended Warranties are available for some Karcher Products, as listed on the Website. You must follow the registration instructions that come with your Product.
3. Proof of Purchase must be provided when requesting Warranty.
LIABILITIES
1. SWEEPEX AUSTRALIA shall not be liable in contract or in tort for any Loss or Damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.
2. To the extent permitted by law our total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of Goods under these Terms and Conditions.
3. The Customer shall indemnify SWEEPEX and keep us fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
4. To the extent permitted by law, SWEEPEX AUSTRALIA and the Customer agree that SWEEPEX AUSTRALIA will not be liable for Products not being available for use.
5. SWEEPEX AUSTRALIA shall not be liable to the customer for any incidental, indirect, special or consequential damages, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of business, loss of contracts, loss of goodwill, loss arising out of business interruption, loss arising out of or in connection with pollution of contamination arising out of or in connection with the purchase, use or performance of Products or services, even if SWEEPEX has been advised of their possibility.
6. To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by SWEEPEX AUSTRALIA shall be subject to correction without any liability on the part of SWEEPEX AUSTRALIA.
INTELLECTUAL PROPERTY
1. All Intellectual Property in any Material on the Website is the property of SWEEPEX or the represented manufacturer. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
PRIVACY
1. By placing your Order or otherwise contacting SWEEPEX, you agree that we may store, process and use data collected from your Order for the purposes of processing your Order.
2. By placing your Order or otherwise contacting SWEEPEX, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Products that may be of interest to you.
3. You may obtain a copy of the data held by us concerning you on request in writing.
4. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.
5. Please refer to our PRIVACY POLICY.
GENERAL
1. SWEEPEX reserves the right to make changes to this Website and these Terms and Conditions without notice.
2. Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
3. A failure or delay by SWEEPEX AUSTRALIA to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by SWEEPEX AUSTRALIA does not preclude its future ability to exercise that or any other power or right.
4. These Terms and Conditions are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts in that State.
5. No SWEEPEX AUSTRALIA employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
6. Any or all products listed on this website, along with the entire physical universe, may one day collapse back into an infinitesimally small space. Should another universe subsequently re-emerge, the existence of this product in that universe cannot be guaranteed.
